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MINUTES <br />CITY COUNCIL <br />NOVEMBER 18, 1992 <br />GRABRICK Mr. John Grabrick, 2354 Greenbrier Circle, reported <br />VARIANCE that he recently made application for a variance for <br />& CUP side yard setback and conditional use permit to expand <br />APPLICATION a non-conforming structure. Grabrick reported that he <br />is not able to have this matter heard until the <br />December lOth meeting of the Planning Commission and <br />December 23rd meeting of the City Council. <br />The City Administrator reported that Mr. Grabrick <br />approached the City in 1988 regarding the variance <br />issue. At that time he was instructed by the City <br />Planner to contact his adjacent neighbor to determine <br />if additional property could be purchased and the need <br />for a variance avoided. Grabrick has reported that he <br />was unable to purchase additional property. Grabrick <br />would like to be able to begin construction of the <br />addition he is planning to his home. The City <br />Administrator pointed out that the City is bound by <br />leqal requirements in this matter. The application <br />must be reviewed by the Planning Commission and a <br />public hearing on the application held at the City <br />Council level. The City cannot grant approval on this <br />matter without going through the legal process. The <br />Administrator noted that the application was not <br />received in time to go through the process in November. <br />Grabrick pointed out that the foundation for his home <br />was placed in 1981. A mistake was made in placing the <br />foundation, since the wrong survey stakes were used. <br />This resulted in an 8 foot encroachment into the side <br />yard setback. Grabrick noted that the foundation is on <br />pylings. Grabrick also noted that the mistake was not <br />discovered until 1988 when a survey was done so that a <br />fence could be installed. Grabrick reported that he <br />requested a variance in 1988. At that time the City <br />Planner suggested that he purchase some property to the <br />south. Grabrick reported that his efforts were <br />unsuccessful, and he was never given the opportunity to <br />bring the matter to the Planning Commission or City <br />Council. <br />Grabrick reported that he is hoping to expand the area <br />of his house above the garage. This is on the opposite <br />side of the structure from where the sideyard <br />encroachment occurs. Grabrick reported that the <br />weather is getting bad and the addition he is planning <br />requires that the structure be opened up. Therefore, <br />he would like to get going on it as soon as possible. <br />The City Attorney reported that the issue involves a <br />variance application for a side yard setback <br />encroachment as well as conditional use permit for <br />expansion of non-conforming structure. Both of these <br />Page 23 <br />